The Articles of Association for KS

1. Articles of Association for KS

§ 1 Objectives

1.1. KS is an employer organisation that encompasses and protects the interests of its members as “the organisation for the local government sector”. KS works together with its members to develop an independent, effective and innovative local government sector.  

§ 2 Membership

2.1. KS is a membership-based organisation.

2.2. All municipalities and county councils have the right to membership in KS. Membership also extends to KS’ employer activities and work for national digitalisation solutions. The National General Assembly can make exceptions. The Articles of Association for employer activities shall be stipulated by the National General Assembly.

2.3. In accordance with the co-operation agreement between KS and Samfunnsbedriftene, companies under municipal ownership and companies that provide services to the public sector are to be members of Samfunnsbedriftene. If the co-operation agreement is dissolved, these companies can become members of KS upon the approval of the Central Committee.

2.4. Enrolment in and withdrawal from KS shall be done in writing.

2.5. Withdrawal from KS can only take effect from the expiry date of the current Main Agreement.

2.6. Withdrawal must have been received by The Central Committee by 1^st June in the year prior to the expiry of the Main Agreement.

2.7. The Central Committee can decide that members that act in contravention of KS’ Articles of Association can be excluded totally or partially or can be denied assistance.

2.8. Members that have withdrawn cannot make a claim on any of KS’ assets.

§ 3 Elections to KS’ bodies

3.1. KS’ elected officers shall represent the members.

3.2. Representatives from municipalities and county councils to The National General Assembly, The National Executive, The Central Committee and County Committees of KS shall be elected from amongst publicly elected local and county politicians, or municipal/city/county councillors who are not elected. Elections normally apply for a four-year period. Representatives who leave their positions as elected representatives or councillors must also leave their positions as representatives to KS.

3.3. Samfunnsbedriftene’s representatives to The National General Assembly, The National Executive, The Central Committee and the County Committees are chosen by the board of Samfunnsbedriftene. Elections apply for the period between National General Assemblies, but representatives that are no longer electable, cf. § 4.1 and 4.3 in the Articles of Assembly of Samfunnsbedriftene, relinquish their positions of responsibility in KS and Samfunnsbedriftene.

3.4. Elections from municipalities and counties to KS’ bodies can be required held as proportional elections. The same applies to elections and appointments that KS makes for representatives to bodies inside and outside KS.

3.5. In all elections to KS, locally and centrally, both genders are to be represented by a minimum of 40 % of the members.

3.6. In the case of ties in elections without proportionality, and in other votes, the chairperson’s vote is decisive.      

§ 4 Election of National General Assembly delegates

4.1. National General Assembly delegates from the municipalities, and their deputies, are elected for the Assembly period at the first County Meeting following the Local and Regional Elections. National General Assembly delegates and deputies are chosen from amongst the members and deputies participating in the County Meeting. Municipality representatives to the County Meeting elect National General Assembly delegates in relation to the total number of inhabitants in the county on 1^st January in the election year:

4.2. The number of deputy delegates that shall be elected is equal to each party’s (or grouping’s) number of delegates, plus two.

4.3. National General Assembly delegates from the counties, and their depiuties, are elected the Assembly period prior to the end of October in the year the Local and Regional Elections are held, cf. § 17 No. 1 in the Local Government Act. Each county elects delegates in accordance with the scale shown below, which is based on total number of inhabitants on 1^st January in the year the regional elections are held.

4.4. The number of deputy delegates that shall be elected is equal to each party’s (or grouping’s) number of delegates, plus two.

4.5. Oslo elects delegates pursuant to the municipal scale.

4.6. Samfunnsbedriftene members’ representation at the National General Assembly is based on the number of companies that are members, using the following scale:

4.7. The Central Committee members participate in The National General Assembly with voting rights. If a Central Committee member is elected as a National General Assembly delegate, a deputy delegate is called to attend The National Council.

§ 5 National General Assembly

5.1. The National General Assembly is KS’ highest authority. The National General Assembly is held every fourth year in the year that follows Local and Regional elections.

5.2. The Ordinary National General Assembly shall be called with a minimum of 3 months notice.  The agenda and case documents should be sent to all delegates at least one-month prior to the meeting.

5.3. Extraordinary National General Assemblies are held when cases arise that are of such importance that The Central Committee or The National Executive finds this to be necessary, or when a majority of County Committees so demand. The deadlines in 5.2 do not apply in the case of Extraordinary General Assemblies.

5.4. The National General Assembly elects its Chair.

5.5. The National General Assembly shall, immediately after its constitution, choose an election committee consisting of 11 members. The Central Committee suggests members of the committee. Samfunnsbedriftene’s representatives do not participate in the election committee. The election committee makes recommendations for those elections that are to take place at the National General Assembly.

5.6. The National General Assembly shall deal with the cases that are stipulated in the Articles of Association, and otherwise those matters put before it by The National Executive /The Central Committee.

5.7. Matters that a member or County Committee or the board of Samfunnsbedriftene wish to have included on the Agenda for The National General Assembly must be sent to The Central Committee at the least eight weeks prior to the first day of the meeting.

5.8. The National General Assembly shall determine the membership fee framework for Municipalities and County Councils for a four-year period. See 14.1. Representatives for Samfunnsbedriftene are not involved in setting the membership fee.

5.9. The National General Assembly shall arrange the said elections cf. §§ 5, 6 and 7. Samfunnsbedriftene’s representatives only participate in the election of The Central Committee’s Chair and Vice Chair.

5.10. The National General Assembly elects from amongst the National General Assembly delegates 27 of the 54 representatives with deputy members to The National Executive.

5.11. The National General Assembly elects 14 of The Central Committee’s 15 members with deputy members. Two deputy members more than the number of members per group are elected.

5.12. The National General Assembly elects The Central Committee’s Chair and Vice Chair.

§ 6 The National Executive

6.1 The National Executive consists of a total of 54 members and their deputies, of which one is elected by the board of Samfunnsbedriftene. The Central Committee and County Committee Chairs are automatically members of The National Executive. The Central Committee’s deputy members are also deputy members of The National Executive. The County Committee Vice Chair or another Board Member is elected as deputy member to The National Executive. If a County Committee Chairman is elected to serve as a Central Committee member, the County Committee Vice Chair becomes a member of The National Executive. If a County Committee’s Vice Chair is also elected to serve on the Central Committee, a different representative is elected from amongst and by the County Committee members to serve as a member of The National Executive.

6.2. The National Executive is led by the Chair of the Central Committee.

6.3. The National Executive is quorum when a minimum of 35 members are present.

6.4. The National Executive stipulates the objectives of the organisation for the period between National General Assemblies.

6.5. The National Executive shall approve the Annual Report and Annual Accounts. The Central Committee cannot vote on the handling of the Annual Report and Accounts. Thus, the National Executive elects a special Chair for this process. When handling these matters, The National Executive is in plenum when a minimum of 25 members are present (excluding the Central Committee).

6.6. The National Executive, with the exception of the Central Committee’s members, is the general assembly for the company KS Holding AS.

6.7. The National Executive can, with effect up to the next National General Assembly, stipulate an adjusted membership fee framework and adjust the fees for all membership groups if special circumstances make this necessary cf. § 14.

6.8. The National Executive can undertake supplementary elections to National Executive-chosen positions of responsibility in the period between National General Assemblies.

6.9. The National Executive can take up cases on its own initiative and shall otherwise deal with cases put before it by The Central Committee.

6.10. The National Executive selects an Integrity Commission of three to five members, cf. § 8. The Integrity Commission’s members cannot have other positions of responsibility in KS. The National Executive determines the guidelines for the Committee’s work.

6.11. The National Executive chooses the Auditor.

6.12. The National Executive shall meet at least once per year and otherwise when a minimum of 17 members or The Central Committee find this to be necessary.

§ 7 The Central Committee

7.1.  The Central Committee consists of 15 members and their deputies, one of whom is elected by the board of Samfunnsbedriftene.

7.2. The Municipal Chief Officers Committee Chair is an observer with the right to speak and propose.

7.3. The Central Committee is quorum when a minimum of 11 members are present.

7.4. The Central Committee leads KS’ activities and implements The National General Assembly and The National Executive’s decisions. The Central Committee stipulates the budget for the total activities and manages KS’ assets.

7.5. The Central Committee takes care of ownership interests in subsidiaries and other companies that KS owns or part-owns.

7.6. The Central Committee elects a Working Committee.

7.7. The Central Committee puts the audited Annual Report and Accounts before The National Executive.

7.8. The Central Committee can, in some areas or in special cases, appoint committees and stipulate the framework for their activities.

7.9. The Central Committee decides upon the statutes for the Municipal Chief Officers’ Committee, cf. § 9.

7.10. The Central Committee can adopt resolutions for lockouts.

7.11. The Central Committee engages the Managing Director, cf. § 13.

7.12. The Central Committee interprets KS’ Articles of Association.

§ 8 Integrity Commission

8.1. The Integrity Commission shall develop and suggest remuneration regulations for KS, and handle cases relating to the oversight of those with elected positions in KS. The Integrity Commission can undertake other tasks for KS upon request from the Central Committee.

§ 9 Municipal Chief Officers’ Committee

9.1. KS has a Municipal Chief Officers’ Committee as an advisory body both centrally and at county level. The members of the central body are elected by the Municipal Chief Officers’ Annual Meeting.

9.2. The Chief Officers’ Committee Chair has the role of observer with the right to speak and propose in The Central Committee. The Vice Chair is the deputy representative to The Central Committee. The same applies for the National General Assembly, the National Executive and at county level.

§ 10 The County Meeting

10.1. The County Meeting is KS’ highest-ranking body in the counties. 

10.2. Combined County Meetings can be held across county borders.

10.3. Municipalities/County Councils cover the costs of their representatives’ participation in the County Meeting.

10.4. The County Committee’s Chair leads the County Meeting.

10.5. The first County Meeting is held before the end of the calendar year of the Local and Regional elections. The meeting elects the municipality’s delegates to the National General Assembly and the County Committee. County Meetings are otherwise held when the County Committee or the National Executive consider it necessary, or when a third of municipalities/counties request it.

10.6. Each municipality elects representatives and their deputies to the County Meeting based on the number of inhabitants on 1^st January the year local elections are held, pursuant to the following scale: 

Longyearbyen local council elects representatives to the County Meeting in Troms og Finnmark according to the municipal scale.

10.7. Municipal representatives are elected from amongst the permanent Municipal Council representatives or governing officers at the Municipal Council’s statutory meeting, cf. § 3. The Mayor should be amongst the representatives.

10.8. Each County Council elects representatives and their deputies to the County Meeting from County Council members/or County governing officers based on the number of inhabitants on 1^st January the year regional elections are held, pursuant to the following scale: 

10.9. County Councils using a parliamentary system of government choose themselves whether the County Mayor or the Governing mayor takes part in the meeting.

10.10. Other interaction between KS members at county level can happen at other meetings where the members themselves choose their representatives.

§ 11 The County Committee

11.1. The County Committee shall promote KS’ aims in accordance with the priorities laid down by the National General Assembly, the National Executive and the Central Committee.

11.2. The County Committee consists of 7 to 15 members and deputy members, of which one member and deputy is elected by the board of Samfunnsbedriftene.

11.3. The County Committee is quorum when 2/3 of the members attend the meeting.

11.4. The County Committee facilitates and undertakes ongoing political activity at county level.

11.5. The County Committee shall encourage anchoring of activities among the members and shall express its opinion in important cases.

11.6. The County Committee co-ordinates local co-operative arenas.

11.7. The County Committee puts forward its Annual Report on its activities.

11.8. The County Committee and its Chair and Vice Chair are elected at the first County Meeting of the period.

11.9. The County Committee’s members and deputy members from both municipalities and counties are elected from amongst the National General Assembly delegates from the county and their deputy delegates.

11.10. Both the Municipalities and County Councils shall be represented in County Committees.

11.11. The Chairman of the local Chief Officers’ Committee is observer at The County Committee with the right to comment and propose.

11.12. The County Committee’s work is facilitated by a secretariat.

§ 12 Invalidity

12.1. Members of KS’ bodies and employees in KS’ administration shall withdraw from the preparation and decision making of cases where there is a conflict of interest in compliance with the invalidity clauses in the Administration Act and the and the Local Government Act.

§ 13 KS’ administration

13.1. The Managing Director is responsible for the day-to-day running of KS’ activities. The Managing Director reports to The Central Committee.

§ 14 Fees etc. 

14.1. Fees for Municipalities and County Councils are fixed in relation to the number of inhabitants, with a basic fee (for the Municipalities) and fee framework that is fixed by The National General Assembly, cf. § 5.8. The distribution of the fees between the Municipalities and the County Councils is decided by The National General Assembly.

14.2. The National Bureau of Statistics’ last-published official census figures shall form the basis for the calculation.

14.3. If the collaboration agreement between KS and Samfunnsbedriftene is ended, and companies become members of KS, then the fees are to be determined by the Central Committee.

14.4. The National Executive can adjust fees, cf. § 6.7.

14.5. Members that give notice of withdrawal are obliged to pay fees up to the date on which collective agreements by which they are bound expire.

14.6. Networks/member groups with shared interests can purchase administrative and expert assistance from KS centrally and locally according to the relevant guidelines for the specific network or member group.

§ 15 Changes to the Articles of Association

15.1 Changes to the Articles of Association can only be adopted by The National General Assembly with a two-thirds majority. Proposals for changes to the Articles of Association must be sent to The Central Committee at a minimum six months prior to the date on which The National General Assembly takes place. Such proposals shall be put before the County Committees for comment by the Central Committee. The representatives from Samfunnsbedriftene do not participate in voting on changes to the articles of association.

15.2. The six-month deadline does not apply for Extraordinary General Meetings.

§ 16 Dissolution of KS                     

16.1 Proposals to dissolve KS must reach the Central Committee 6 months before the National General Assembly. The Central Committee must consult members on dissolution no later the 5 months before the National General Assembly.

18.2. A decision to dissolve KS requires a ¾ majority amongst National General Assembly delegates.

18.3. Upon the dissolution of KS, the organisation’s assets are bound for at least 10 years in order to be able to be transferred to one or more successor organisations on the basis of a decision made by the final Central Committee meeting. If one or more successor organisations are not established in this period, the available assets will be used as determined by the final Central Committee Meeting. A decision on this must have a 2/3 majority.

2. Articles of Association for Employer Activities

§ 1 Objectives and membership
Refer to KS’ Articles of Association §§ 1 and 2.

§ 2 Affiliation and power of attorney

Affiliation with and transfer of power of attorney (cf. The Articles of Association § 6) to KS’ Employer’s activities shall be done in writing using the dedicated form.

§ 3 Rights

The individual member has the right to receive advice and assistance from KS in connection with:

• entering into and revisions of tariff agreements and other agreements with employees’ organisations.
• interpretation of agreements, legislation and regulations.
• prevention and resolving of legal disputes and conflicts of interest.
• forming of wage and personnel policies and personnel-administrative measures.
• proficiency training of publicly elected persons appointed on boards/committees etc. and employees in wage and personnel related matters.

§ 4 Obligations
Members are bound by general tariff agreements and are obliged:

• to set wage and working conditions agreements in accordance with these.
• to support and adhere to the common wage policy.
• to adhere to the guidelines given in situations of conflict.
• to not, without the agreement of KS, enter into agreements that are in conflict with the clauses and regulations of agreements entered into centrally.
• to give KS information that is necessary to fulfil its aims.

§ 5 Voting

1. The Main Tariff Agreement and the Main Agreement shall be subject to secret ballot among members encompassed by the agreements.

A draft agreement on the regulation of the Main Tariff Agreement after the initial year of agreement shall be subject to approval by The Central Committee.

The Central Committee can adopt a resolution on the partial regulation of the Main Tariff Agreement after the initial year of agreement is subject to secret ballot, cf. 1st part

2. Draft agreements for central special agreements and central special union-by-union agreements, cf. The Main Agreement § 1 – 3, shall be adopted by The Central Committee.

The Central Committee can adopt resolutions that such agreements shall be subject to secret ballots in the same way as for the Main Tariff Agreement and Main Agreement pursuant to section 1, 1^st part. If at least 1/3 of The Central Committee’s members so demand, such agreements shall be subject to secret balloting.

3. In secret balloting a tariff agreement is deemed to be adopted when 1/3 of the votes cast, representing at least half of the employees of the voting members, vote YES to the adopted negotiating proposal. The number of employees in permanent positions on 1st January in the voting year shall form the basis of this calculation.

All members pursuant to the Articles of Association § 2 and who are encompassed by the Agreement, are bound by the result of the secret ballot. The same applies to Central Committee resolutions where The Central Committee adopts proposals on approval of the negotiating proposal

§ 6 Power of attorney

KS has power of attorney to on the behalf of members:

• enter into and cancel collective agreements.
• shorten cancellation periods in collective agreement matters.
• initiate lockouts pursuant to The Central Committee’s resolutions, the Act on Labour Disputes and the terms and conditions of the Main Agreement.
• to receive and approve notices of walkouts pursuant to the Act on Labour Disputes and the terms and conditions of the Main Agreement.
• receive writs and bring legal actions before the Labour Courts or alternative bodies for resolving disputes.
• bring conflict of interest disputes before the National Wages Arbitration Board or alternative bodies for resolving disputes.

§ 7 Cessation

Affiliation to KS’ employer activities ceases upon:
1. Withdrawal from KS.
2. Total or partial exclusion, cf. § 2 in KS’ Articles of Association. 

Withdrawal pursuant to section 1 shall be affected pursuant to KS’ Articles of Association § 2.

§ 8 Changes to the regulations
These regulations can be changed in accordance with the regulations laid down in § 15 in KS’ Articles of Association.